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20121201
20121201
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us this gregory of the center for democracy and technology. what is the current law when it comes to law enforcement and e- mails and cell phones? >> the short answer is that it is confused. for e-mail that is less than 180 days old, law makers need a warrant. for more than 180 days, it is just a subpoenas of there is no judicial intervention or high standard of proof. for documents to store in the clouds, that is also available with a subpoena. with cell phones there is the statutory provision. this has been in different places. they need a warrant. others say if it is gps location they need a warrant. there is not a clear role. >> what are the changes that the senate judiciary committee has approved? >> they focused on content of communications. they said it should not matter how old the content is. it should matter how you started with a service provider or that one. they said there should be a warrant required. they maintain the existing exceptions to the requirement in current law. if there is this, they are able to get a voluntary disclosure from the provider right away. >>
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